A Magistrate Court in Mpape area of the Abuja, on Tuesday granted bail to the Osun State governorship candidate of the Peoples Democratic Party, PDP, in 2018 election, Senator Ademola Adeleke, in the sum of N2m.
Embattled Adeleke was arraigned before the court on a five-count charge bordering on alleged false statement and forgery to which he pleaded not guilty.
Following his plea, his counsel Prince Adebiyi Adeyosoye moved an application for his bail on health grounds.
The prosecution counsel, Simon Lough, however opposed the application on the grounds that the defendant did not show evidence of his ill health.
Justice zubaru in his ruling held that he was mindful to grant the bail application and so granted.
As part of the conditions, he ordered Adeleke to produce a surety in like sum, who must be a resident of the court’s jurisdiction.
Recall that Adeleke was on Monday, May 6, detained by the police at its Abuja headquarters, after he submitted himself for interrogation in line with an order of a Federal High Court, Abuja.
Earlier, when the suit was called, Adeleke’s lawyer, Adeyosoye, raised an objections on the ground that his client was already standing trial on the same charge in two different High Courts.
He therefore argued that going ahead with the arraignment would amount to abuse of court process.
Adeyosoye further told the court that Justice Inyang Ekwo of the Federal High Court Abuja, who had on Friday, May 3, granted Adeleke permission to travel abroad for medical attention, ordered the police not to hinder Adeleke from embarking on his medical trip scheduled for today, Tuesday 7, 2019.
He also tendered before the court another order of a High Court in Osun, which specifically ordered the police not to arrest or prevent Adeleke from travelling abroad for medical attention.
The two court orders were admitted in evidence as exhibit A and A1.
Adeyosoye urged the court to adjourn the matter indefinitely pending the hearing and determination of the two ongoing cases.
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In his response, the defence counsel , Lough, who opposed the application for adjournment, on the grounds that the orders of the court on which the application was predicated did not say that the defendant cannot be arraigned also informed the court that the complainant had already filed an appeal against the orders of Justice Ekwo of the Federal High Court.
He, therefore, urged the court to dismiss the application and order the defendant to take his plea.
Ruling on the application for adjournment, the Magistrate held that going by the hierarchy of court, the Magistrate Court is bound by the orders of a High Court.
He further held that the court cannot stop the defendant from enjoying his fundamental rights as ordered by the High Courts.
However, Justice Zubaru declined to adjourned the matter indefinitely on the grounds that nowhere in the two orders of the two High Courts was the police ordered not to arraign the defendant.
He subsequently ordered that the charge be read to Adeleke for him to take his plea.
The matter has been adjourned till June 24 for commencement of trial.
